Climate Change and Environmental Law Guide: Indigenous Peoples and the Environment [IN DEVELOPMENT]

• International Labour Organization’s (ILO) 1989 Convention concerning Indigenous and Tribal Peoples in Independent Countries - also known as ILO Convention 169 or C169 is the major binding international convention that focuses on the rights of indigenous and tribal peoples. 
• 2007 United Nations (UN) Declaration on the Rights of Indigenous Peoples - "provides a framework for reconciliation, healing and peace, as well as harmonious and cooperative relations based on the principles of justice, democracy, respect for human rights, non-discrimination and good faith." [Source: Justice.gc.ca]
• Nordic Saami Convention - "The objective of this Convention is to affirm and strengthen such rights of the Saami people that are necessary to secure and develop its language, its culture, its livelihoods and society, with the smallest possible interference of the national borders."
• The 1992 Convention on Biological Diversity (CBD) - "The Convention on Biological Diversity was inspired by the world community’s growing commitment to sustainable development. It represents a dramatic step forward in the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from the use of genetic resources."
• Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization - "The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components."
• REDD+ - "‘REDD’ stands for ‘Reducing emissions from deforestation and forest degradation in developing countries. The ‘+’ stands for additional forest-related activities that protect the climate, namely sustainable management of forests and the conservation and enhancement of forest carbon stocks."
• The Paris Agreement -  "a legally binding international treaty on climate change. It was adopted by 196 Parties at the UN Climate Change Conference (COP21) in Paris, France, on 12 December 2015. It entered into force on 4 November 2016. Its overarching goal is to hold “the increase in the global average temperature to well below 2°C above pre-industrial levels” and pursue efforts “to limit the temperature increase to 1.5°C above pre-industrial levels.”

African Union Climate Change and Resilient Development Strategy and Action Plan - "the Strategy and Action Support for the implementation of this Strategy and its Action Plan from regional economic communities, member states, citizens at large, and local and international partners, is key to achieving the climate goals of the continent over the next ten years. Plan is a core emphasis on a people-centered approach and equitable access for all citizens to green economic recovery and sustainable development. The Strategy and Action Plan highlights the importance of supporting the most vulnerable communities and groups in addressing their particular challenges in responding to climate impacts."

International Cooperation in the Arctic - "Since its establishment in 1996, the Arctic Council has provided a space and mechanism to address common concerns across Arctic States – with a special emphasis on the protection of the Arctic environment and sustainable development. Over the years, the Council has emerged as the pre-eminent high-level forum of the Arctic region to discuss these issues and has turned the region into an area of unique international cooperation."

Climate Emergency: Scope of Inter-American Human Rights Obligations -  IV. Rights of indigenous peoples, tribal communities, Afro-descendants and peasants or those working in rural areas in the face of climate change.

• States must adopt measures to ensure that the climate crisis does not affect or jeopardize the effective protection of the human rights of indigenous peoples, Afro-descendant, tribal or peasant communities such as life, personal integrity, freedom of expression, protection of family life, water, food, the healthy environment, or communal property, among others.
• States must respect and guarantee without any discrimination meaningful participation through the guarantee of the right to prior consultation seeking free, prior and informed consent in the design of action plans, public policies, norms and / or projects directly and indirectly related to the fight against climate change. Such participation should take into account an intercultural approach and adequately incorporate traditional and local knowledge on mitigation and adaptation and respect the duty of accommodation in the final decision.
• The protection of the right to effective judicial protection and judicial guarantees of indigenous peoples and tribal, Afro-descendant or peasant communities must also include measures to repair material and immaterial damage, measures of satisfaction, guarantees of non-repetition, implementation of resources for the recovery of collective memory and preservation of culture.
• States shall respect and protect the rights of peasants and other persons working in rural areas and shall take the necessary measures to combat all forms of discrimination against them in the context of the climate crisis. This also includes the obligation to protect their right to adequate food, the free use of seeds and traditional forms of food production, including agroecology, housing and work that are threatened by weather phenomena or significant temperature variations. States must ensure the availability of economic and financial support such as subsidies, loans, and grants when they lose their crops or houses due to floods or droughts, as well as all technical and legal assistance to access them.

U.S Climate Resilience Toolkit - "website designed to help people find and use tools, information, and subject matter expertise to build climate resilience. The Toolkit offers information from all across the U.S. federal government in one easy-to-use location." Offers a variety of resources on tribal nations and their relationship with climate change.

United States Environmental Protection Agency - "There are many different Indigenous populations in the United States. These include those native to the contiguous United States, Alaska Natives, and Pacific Islanders. Many of these groups are more vulnerable to the health impacts of climate change than the general population"

ILO, Indigenous Peoples and Climate Change- " The report identifies six characteristics that indigenous peoples share where climate policies and the impacts of climate change are concerned. No other group in society has this combination of characteristics." 

IISD, Indigenous Peoples Must be Central to Tackling the Climate Crisis- "We need to strengthen the role that Indigenous and tribal Peoples play in forest governance and bolster communal territorial rights. We need to compensate Indigenous and tribal communities for the environmental services they provide. And we need to facilitate community forest management."

World Bank, Indigenous Land Rights – A Critical Pillar of Climate Action- "The findings of this study form a strategic roadmap for advancing the rights of IPLC communities through their own efforts, as well as supportive programming, advocacy work and policy improvements.  They also represent a significant opportunity to inform and improve the social inclusion of results-based climate financing projects, so that the participation of IPLCs in planning, implementation and benefits-sharing of such schemes can contribute to the dismantling of structural social inequalities and to progress towards global climate goals."

UNESCO, Local and Indigenous Knowledge Systems & Climate Change- "Working at local, national and global levels, LINKS strives to strengthen Indigenous Peoples and local communities, foster transdisciplinary engagements with scientists and policy-makers and pilot novel methodologies to further understandings of climate change impacts, adaptation and mitigation."

Indian Law Resource Center, Protecting Indigenous Rights in Climate Policy- "The Center is working to ensure that REDD+ agencies set proper policies to prevent harm to indigenous peoples and their environment.  We’ve already seen indigenous communities violently expelled from their lands, or swindled by land speculators into signing away access to their forest resources through REDD+ projects. If REDD+ initiatives do not have strong policies preventing this type of abuse, violations will only get worse as more money is invested in REDD+. "

Office of the United Nations High Commissioner for Human Rights, Expert Mechanism on the Rights of Indigenous Peoples - Special Rapporteur on the rights of Indigenous peoples by the UN Commission on Human Rights in 2001. The Rapporteur has the mandate to promote good practices and laws, and often reports on selected countries. The Rapporteur has also issued several thematic reports including on climate change and conservation.

UNFCCC, How Indigenous Peoples Enrich Climate Action - "Through generations of close interactions with the environment, indigenous peoples safeguard an estimated 80% of the world’s remaining biodiversity. Together, the global community has an opportunity to reorient the way it interacts with nature and build resilience for all through collaborating with and learning from indigenous peoples, the stewards of nature."  

Mayagna (Sumo) Awas Tingni Community v Nicaragua (IACtHR)

"In its decision, the Inter-American Court concluded that Nicaragua had violated the rights of the Mayagna community of Awas Tingni by granting a logging concession within the community’s traditional territory without obtaining its consent and after ignoring the consistent complaints and requests of Awas Tingni urging demarcation of the territory. The Court found that the right to property, as affirmed in the Inter-American Convention on Human Rights, protects the traditional land tenure of Indigenous peoples. Following the successful decision of the Inter-American Court, the IPLP Program assisted the Awas Tingni with the implementation of that judgment, a process that took over seven years." [Source: The University of Arizona]"

Native Village of Kivalina v. ExxonMobil Corp

"The Native Village of Kivalina and the City of Kivalina (jointly referred to as “Kivalina”) are situated on a narrow 6-mile barrier reef.  No road connects the village to mainland Alaska.  The barrier reef is eroding out from under the village because climate change has caused sea ice that used to protect the village to melt.  Kivalina filed a case seeking financial damages from some of the biggest greenhouse gas producers and emitters in the U.S. (ExxonMobil, Chevron, BP, Peabody, etc.) for their contribution to climate change. The complaint explained that two government agencies concluded “Kivalina must be relocated due to global warming and have estimated the cost to be from $95 million to $400 million.” [ Source: Environmental Law Alliance Worldwide] 

Daniel Billy and others v Australia (Torres Strait Islanders Petition)

"A group of eight Torres Strait Islanders, Australian nationals, and six of their children submitted a petition against the Australian government to the United Nations Human Rights Committee. They are all indigenous inhabitants of Boigu, Poruma, Warraber and Masig, four small, low-lying islands in Australia’s Torres Strait region. The Islanders claimed their rights had been violated as Australia failed to adapt to climate change by, inter alia, upgrading seawalls on the islands and reducing greenhouse gas emissions. The petition alleges that Australia is violating the plaintiffs’ fundamental human rights under the International Covenant on Civil and Political Rights (ICCPR) due to the government’s failure to address climate change. This petition represents the first climate change legal action in Australia that makes an argument based on a violation of human rights. It also constitutes the first legal action filed with a UN body by inhabitants of low-lying islands against a national government for inaction on climate change." [ Source: Sabin Center for Climate Change Law]

The Role of Indigenous Peoples in Combating Climate Change, Linda Etchart:

"Until the twenty-first century, indigenous peoples were viewed as victims of the effects of climate change, rather than as agents of environmental conservation. Representatives of indigenous peoples have in fact since 2008 been actively seeking a role in contributing to combating climate change through their participation in international environmental conferences, as well as by means of activism and political engagement at local and national levels. "

What Indigenous Communities Teach Us About Climate Change, Hot Mess from PBS Digital Studios

"As the world figures out how to live with a rapidly changing climate, traditional knowledge from indigenous cultures could help us understand just how things are transforming."

Indigenous People and Climate Justice in the Artic, Shaugn Coggins, James D. Ford, et. al

"This article examines the justice implications of these changes for Indigenous Peoples, arguing that it is the intersection of climate change with pronounced inequalities, land dispossession, and colonization that creates climate injustice in many instances."

The Use of Indigenous Traditional Knowledge in Climate Change Strategies, Event hosted by Wilsoncenter

"The risk posed by climate change and in particular climate's impact on marginalized communities, have further exposed the linkages between climate change, environmental degradation , racism and social injustice. Often missing from conversations focused on these injustices, however, is an awareness of the agency and knowledge that indigenous communities bring to climate response."

Indigenous People: Traditional Knowledges, Climate Change, and Health, Redvers N, Aubrey P, Celidwen Y, Hill K

"This Indigenous narrative review will synthesis the current climate and health landscape of Indigenous Peoples at a global, high-level scale, including relevant international mechanisms and considerations for Indigenous Peoples’ health. This Indigenous narrative review will also explore and reflect on the strengths of Indigenous traditional knowledges as it pertains to climate change and health."

Climate Change, United Nations

"Indigenous peoples are among the first to face the direct consequences of climate change, due to their dependence upon, and close relationship, with the environment and its resources. Climate change exacerbates the difficulties already faced by indigenous communities including political and economic marginalization, loss of land and resources, human rights violations, discrimination and unemployment."

As Climate Crisis Alters Their Lands, Indigenous Peoples Turn to the Courts,  UN Environment Programme

"Along with countering climate change, supporters say Indigenous Peoples’ court wins are crucial to protecting the fraying web of life on Earth. Indigenous Peoples make up 5 per cent of the global population but traditionally own or manage more than a quarter the world's land. Those territories are home to 80 per cent of plants, animals and other living things – and there nature is declining less rapidly than in other places. But despite those rights, many groups lack control over their land, which is subject to logging, mining, poaching and other environmental threats."